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Corporate & Securities Law

ContractsProf Blog

Contract law resources, information, and news for the academic community.

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Last Entry: April 01, 2011 at 16:53:52

Now in Print

Posted on September 15, 2008
- Victor C. Romero, United States Immigration Policy: Contract or Human Rights Law?, 32 Nova L. Rev. 309-325 (2008). [Meredith R. Miller]

Contracts Limerick of the Week: Evergreen

Posted on September 15, 2008
I am fortunate to live in a town that still has a drive-in movie theater, and I am pleased to be using a casebook that includes a case about a drive-in theater. Evergreen Amusement Corp. v. Milstead illustrates the difficulties...

Tagged... We're It...

Posted on September 14, 2008
Torts Prof Blog tags us with this meme: (1) identify five non-law blogs that you find interesting, and (2) tag five law-bloggers to do the same thing. I've never been a big fan of chain letters, and this internet meme...

Caveat Employer: Recruiters Beware!

Posted on September 12, 2008
If a prospective employee intentionally lies on his resume and gets hired, are the misrepresentations grounds for the employer to rescind the employment contract? According to a recent New York trial court decision, the prospective employee?s misrepresentations are only grounds...

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NY Times Reports Tragedy: 21-Year-Old May Have to Work for Only $6 Million

Posted on September 11, 2008
The New York Times wants to be able to tell a feel-good story about a local kid, Pedro Alvarez, who grew up in poverty, worked hard and is going to get to live out his dream. Alas, contract law is...

Pictures

Posted on September 11, 2008
If you normally view this blog using Internet Explorer, you may have noticed that our pictures are sometimes inexplicably cropped. If you view our blog using a different web browser, such as Mozilla Firefox, which you can download for free...

Battle of the Titans over Huntsman Corp. Deal

Posted on September 11, 2008
Jon Huntsman, Sr. the Chairman of Huntsman Corp., a Texas-based chemical company (not to be confused with his son, Jon Huntsman, Jr., the Governor of Utah), is fighting mad. In July 2007, Leon Black's private-equity firm, Apollo Management L.P. agreed...

Florida Condo Buyers Seeking Escape from Contracts

Posted on September 11, 2008
The Wall Street Journal reports that Florida is "awash" in empty or unfinished condominiums and that investors, trying to escape their contracts, are going to court seeking to recover their deposits. Thus far, the courts have been unsympathetic. The WSJ...

In Memoriam: Richard E. Speidel (1933-2008)

Posted on September 10, 2008
The fields of contracts and commercial law (as well as ADR) lost an important scholar and a wonderful gentleman Saturday. At the time of his death, Dick Speidel was the Beatrice Kuhn Professor Emeritus at Northwestern University School of Law...

Business Associations Limerick of the Week: Shlensky v. Wrigley

Posted on September 09, 2008
Last week's Limerick addressed the famous dictum of Dodge v. Ford Motor Corp., in which the court reminded Henry Ford that his primary goal ought to be shareholder wealth maximization. In discussing that case, we cautioned that there is more...

California Court Puts the Brakes on Warranty Claim

Posted on September 08, 2008
The Plaintiff in Shtofman v. Mercedes-Benz of North America, Inc., No. B195677, 2008 WL 3984219 (Cal. Ct. App, Aug. 29, 2008) bought a new 1997 Mercedes S420 in 1997. It came with a 4-year, 50,000 mile warranty. During the warranty...

Contracts Limerick of the Week: Neri

Posted on September 08, 2008
If the Americas Cup, were a competition among boats to see which could be the subject of the most celebrated lost volume seller case, the 1970 31-foot Broadwater "Bay Breeze" at issue in Neri v. Retail Marine Corp. would surely...

New Contracts Law Scholarship on SSRN

Posted on September 08, 2008
Government contracting fans can find something new to read here. It is Steven L Schooner (pictured) and Daniel S. Greenspahn's article, "Too Dependent on Contractors? Minimum Standards for Responsible Governance." Here's the abstract: While acknowledging that there are many benefits,...

UCC Legislative Update

Posted on September 07, 2008
Nearly three months after both houses of the Illinois legislature passed SB 2080, Governor Rod Blagojevich signed it into law on August 22, making Illinois the 34th state to enact Revised UCC Article 1 and the 31st state to enact...

Fault in Contract Law

Posted on September 06, 2008
Here's the updated programmatic schedule for the symposium on "Fault in Contract Law" later this month at the University of Chicago School of Law: Friday, September 26 9:00 Opening Remarks 9:15?10:45 Panel I Chair: Douglas Baird (Chicago) Eric Posner (Chicago),...

Call for Papers: AALS Annual Meeting

Posted on September 06, 2008
The AALS Section on Contracts solicits papers and proposals for our 2009 Annual Meeting program on ?Immutable Rules and Contract Law,? scheduled for Friday, January 9, from 8:30-10:00 a.m. In the last three decades, legal scholars have paid considerable attention...

Now in Print

Posted on September 05, 2008
In no particular order: - Katherine A. Burkhart, Note, Layering Administrative Law and Basic Contract Principles: Analyzing the Waiver of FMLA Claims in Severance Agreements, 33 J. Corp. L. 983-1006 (2008). - Nancy Kim, Mistakes, Changed Circumstances and Intent, 56...

The Not So Peaceable Art Kingdom With The Lawsuit of Sotheby's

Posted on September 05, 2008
The NY Times reports that Sotheby?s has filed a $16.8 million lawsuit against Hasley Minor, an art collector and Internet entrepreneur. (By the way, The Newsday headline: "Sotheby's Art Attack on Tycoon"). The lawsuit alleges that Minor has refused to...

AZ Supreme Court Permits Breach of Implied Warranties Claim to Proceed Despite Lack of Privity

Posted on September 04, 2008
The Supreme Court of the home state of Republican Presidential candidate, John McCain, decided last week that a homebuilder who is not also the vendor of a residence can be sued for breaches of implied warranties of workmanship and habitability...

Complaint in Class Action against Amex over Gift Cards

Posted on September 04, 2008
We previously mentioned that a class action was recently filed against American Express here in the Eastern District of New York. The complaint alleges that Amex's gift card practices constitute a breach of contract, unjust enrichment and conversion. Namely, Amex...

In re Seinfeld (Clancy v. King)

Posted on September 04, 2008
Oh, how I have waited for this day!! For years, I have been relying on a scene from Seinfeld in which the Seinfeld character tries to return a jacket to a store because he dislikes the clerk who sold it...

Government Owes $1.1 Billion for Breach of Contract

Posted on September 03, 2008
The Blog of the Legal Times, BLT for short (cute, non?) reports that the U.S. Court of Appeals has affirmed a judgment of the Court of Claims that the U.S. government breached its lease agreement relating to oil exploration off...

Business Associations Limerick of the Week: Dodge v. Ford Motor Co.

Posted on September 03, 2008
UCLA Law School's Lynn Stout (pictured) says I shouldn't teach Dodge v. Ford Motor Co. anymore. Really! I'm not making this up. Here's her article, and this is the abstract: Among non-experts, conventional wisdom holds that corporate law requires boards...

Contracts Limerick of the Week: Sherwood v. Walker

Posted on September 02, 2008
My discovery of Otto Stockmeyer's little essay on Sherwood v. Walker inspired me to try my hand at a Sherwood Limerick. Alas, the anxiety of influence is strong here. I tread on paths well worn by other poets. Sherwood v....

Cell Phone Dispute in England

Posted on September 02, 2008
According to The Independent, Vodaphone, England's second largest provider of cell phone services, has announced plans to increase its charges for telephone services by as much as 40% per call. But no need for the Brits to keep a stiff...

The Only Sure Winners in the America's Cup: Lawyers

Posted on September 01, 2008
Like most lubbers, I've never really cared much about the America's Cup and the millionaires -- oh, sorry, billionaires -- who compete in it. Indeed, I have often said that most of my knowledge of the sea comes from SpongeBob....

Washington Supremes Hold that AT&T's Class Action Waiver is Unconscionable

Posted on August 30, 2008
Two days ago, the Supreme Court of Washington upheld a decision that AT&T's class action waiver in the arbitration clause of its Consumer Services Agreement is unconscionable. Despite a clause choosing New York law, the court applied Washington law based...

Lipshaw on Objectivity and Subjectivity in Contract Law

Posted on August 30, 2008
Our compatriot Legal Profession blogger Jeffrey Lipshaw (Suffolk University Law School) has a new piece in the Canadian Journal of Law and Jurisprudence titled Objectivity and Subjectivity in Contract Law: A Copernican Response to Professor Shiffrin. It is available on...

Contracts Profs Blog Infecting Serious Scholarship

Posted on August 29, 2008
The Thomas M. Cooley Law School's emeritus professor Norman Otto Stockmeyer (pictured) has recently published a charming short article about Sherwood v. Walker. The article, To Err is Human, To Moo Bovine: The Rose of Aberlone Story, can be downloaded...

N.Y. Trial Court Holds that Dental Students' Claims against NYU Not Properly Fashioned as Breach of Contract Action

Posted on August 28, 2008
We all know the type of personality that chooses a career in dentistry (which happens to claim both my father and brother in its ranks): Well, today's New York Law Journal reports (subscription required) that a New York County Trial...

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